Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2024 (2) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2024 (2) TMI 404 - HC - Income TaxRe-opening under Section 147 - Addition made on amounts which did not form part of the reasons recorded for reopening - considering issues only spelt out in the original notice under Section 147 - assessee’s case was reopened on the basis of information relating to accommodation entry received - As decided by ITAT [2023 (4) TMI 634 - ITAT DELHI] no addition was made in the assessment order on this amount since the amount had already been added in the order u/s 153A - In addition was made u/s 68 of the Act in respect of the amount received from 5 persons which did not form part of the reasons recorded for reopening of the case, in these circumstances, the case laws of Jet Airways (I) Ltd. (2010 (4) TMI 431 - HIGH COURT OF BOMBAY] are fully applicable and there is no infirmity in the well-reasoned order of ld. CIT (A). HELD THAT:- While the addition of accommodation entry received need not detain us, since this amount came to be added subsequently in terms of the order made under Section 153A of the Act and is dated 30 March 2014, the ITAT has adversely commented upon the addition u/s 68 on the ground that the same did not form part of the reasons which were spelt out in the original notice under Section 147 of the Act. Matter requires consideration. We accordingly, admit the instant appeal on the following question of law: “A. Whether Ld. ITAT has erred on the facts and circumstances of the case in not appreciating Explanation 3 of Section 147 of the Income Tax Act, 1961 and whether the same would empower the Assessing Officer to assess or reassess income in respect of any issue which has escaped assessment notwithstanding the reasons recorded under sub-section (2) of Section 148 having not alluded to the same or formed the basis for reopening?” Let the matter be called again on 27.03.2024.
|